Explainer: Iraq Bans The Use Of The Term 'Homosexuality' and 'Gender'

The recent ban by Iraqi Communications and Media Commission(CMC)- the media regulatory body of Iraq, on the term “homosexuality” has sparked debates across the globe. The law dictates both media and social media entities to use the term ‘sexual deviance’ in place of ‘homosexuality’ and vocabulary related to it. All licensed CMC phone and internet companies have been prohibited from employing the terms- ‘homosexuality’ or ‘gender’ in any of their applications. 

The recent development is viewed as a green light to the burgeoning discriminatory factions in the country. Iraq’s LGBT community has been subjected to explicit display of dissent in the recent months. Protests led by Shiite Muslim factions against the recent public desecration of Quran in Sweden also involved burning of rainbow flags.

The film, ‘Talk to Me,’ featuring a transgender Australian actor, Zoe Terakes was banned in Kuwait, despite having no explicit references of or to the LGBT+ community. Authorities have “banned the screening of the film, Talk to Me” said Hisham Alghanim, vice chairman of the Kuwait National Cinema.

In 2017, a part of the Shiite Islamist Military movement, the group Asa'eb Ahl Al-Haq had released a list of people accused of homosexuality, who were then threatened with death. Out of the 100 listed, some fled and escaped their ill-fate, some succumbed to it, and a large number of people went missing. 

In March, of the same year, a man was killed by his close relative on the pretext of a video circulated online that showed two men engaging in gay-sex. Actor and Model, Karar Nushi was also stabbed to death later that year due to his 'perceived' sexuality. In 2019, two transgender women were found dead. 

While the EU mission in Iraq hoisted the rainbow flag in support of International Day against Homophobia, Transphobia and Biphobia, two young gay men were annhilated in Baghdad and Babil respectively, in 2020. 

Iraq has maintained a history of extensive discrimination against the LGBT+ community, further emboldened by their legal and judicial infrastructure. Same-sex although is not explicitly prohibited in Iraq, certain offences circumscribed in the 1969 Penal Code, wherein even 'immodest acts' and 'prostitution' is criminalised, has been employed to harass people from the LGBTQ+ community, men and women alike. Same-sex marriages or civil unions are deemed illegal.Moreover, the country's religious conservatism, superimposed by the Sharia Law has also been maneuvered to implicate the community. 

While NGOs like IraQueer and other anonymous campaigns do condemn the unfair practices carried out in the country, seldom has shifted in terms of legal and social acceptance of the LGBT+ community. "The law will allow the Iraqi Government, armed groups, and others who attack LGBTQ+ citizens to legally get away with their crimes. This law would also be against Iraqi and International laws which guarantee equal protection for all citizens regardless of their sexual orientation" commented Amir Ashour, the executive director of IraQueer on a law proposed by one of the parties in 2022. The law intended to explicitly ban homosexuality and impose heavy penalties on anyone found guilty. 

The Gulf Arab States have not shied away from censoring films containing LGBTQ+ references, they had also recently banned the Spiderman animation film in June, over an alleged scene that included a transgender pride flag. According to Our World in Data,gay sex is outlawed in over 60 countries, and declared legal in more than 130 countries.